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Full-Text Articles in Law
United States Response To Questionnaire Concerning Remuneration For The Use Of Works: Exclusivity V. Other Approaches, Bart M.J. Szewczyk, June M. Besek
United States Response To Questionnaire Concerning Remuneration For The Use Of Works: Exclusivity V. Other Approaches, Bart M.J. Szewczyk, June M. Besek
Kernochan Center for Law, Media, and the Arts
ALAI-USA is the U.S. branch of ALAI (Association Littèraire et Artistique Internationale). ALAI-USA was started in the 1980's by the late Professor Melville B. Nimmer, and was later expanded by Professor John M. Kernochan.
Brief Of Amici Curiae Law Professors In Support Of Defendant-Appellee National Football League, Rebecca Tushnet, Mark Mckenna
Brief Of Amici Curiae Law Professors In Support Of Defendant-Appellee National Football League, Rebecca Tushnet, Mark Mckenna
Court Briefs
No. 14-3428
John Frederick Dryer v. National Football League
On Appeal from the United States Distric Court for the District of Minnesota, Civ. No. 09-02182 (PAM/FLN), Hon. Paul A. Magnuson
From the Summary of Argument
Based on the undisputed facts, the NFL’s films in this case are noncommercial speech; their profit-seeking and brand-building nature are standard features of noncommercial speech. Truthful, nondefamatory noncommercial speech deserves full First Amendment protection, and there is no justification for allowing Appellants to control speech about them in this case.
Separately, Appellants’ right of publicity claims are preempted by the Copyright Act, which allows owners …
Richard Prince, Author Of The Catcher In The Rye: Transforming Fair Use Analysis, Brockenbrough A. Lamb
Richard Prince, Author Of The Catcher In The Rye: Transforming Fair Use Analysis, Brockenbrough A. Lamb
Law Student Publications
This comment argues that fair use analysis should be reorganized from a disjointed four-factor morass into a straightforward two-part analysis that incorporates and clarifies the purpose of each of the four factors. Such a structure recognizes the role transformative use plays within the fair use doctrine as a whole. The comment then applies this process to a potential fair use defense for Richard Prince's The Catcher in the Rye.
Disruption And Deference, Olivier Sylvain
Disruption And Deference, Olivier Sylvain
Faculty Scholarship
Online video streaming applications enable users to watch over the-air broadcast programs at any time and almost on any device. As such, they challenge the pertinence of traditional video distribution law and the broadcast network system on which it is based. Congress enacted the Transmit Clause of the 1976 Copyright Act to resolve the high-stakes tussle between broadcasters and cable providers. But, today, that provision is ill-suited to resolving whether unauthorized streaming infringes on broadcasters’ copyright to perform works publicly. Its scope is ambiguous enough that judges across the country were notably divided on whether it reaches online video distribution—that …